I'm more than a bit befuddled as to how a thread about a diary devolves into a discussion about the integrity of LE. While not a sworn member of LE, I have worked in the field for over 10 years. I've seen both good and "bad" people behind the badge. By and large most of them have been good and the bad are usually weeded out fairly quickly. The fact of the matter is - they are normal people, just like the rest of us; they have the same strengths, weaknesses, etc. The problem is most people put LE on a pedestal, which helps to reinforce an us/them mentality. I could go on, but this thread isn't the appropriate place for this discussion.....As a matter of fact not everything in this post is about the diary, but is answering some items brought up in the thread. If this is not the correct place for it please forgive me and feel free to move it elsewhere.
That said...when LE investigates a case - they document everything they investigate, whether it ends up being useless or not. This is why they took photos of the diary and the child rearing book, because they looked at them while they were there. IF they didn't take them into evidence, those items either weren't on the warrant or they weren't convinced of their evidentiary value, so they simply snapped a photo and moved on.
The sunshine law in FL is in place for transparency reasons, not so LE/SA can do a horse and pony show for the media/public. I would be shocked if after this case the legislature doesn't take a good, hard look at this law IMO.
As far as the discovery issue goes, the trial isn't until October, IIRC, so the SA has a lot of time before they have to give things over to the defense. They don't have to release them right away and with the sunshine laws probably shouldn't. IMO I think they are holding close to the vest for this reason alone and the items they've released either aren't integral to the case or are things the defense would have an easy enough time collecting for themselves in their own investigation. The judge and the SA have no control over evidentiary items that may have been turned over/investigated by another entity, such as the FBI.
The defense had no right to look over LE's shoulder when the remains were found, which is why the judge didn't allow it. They have the right to review after the fact, which is why documentation of evidence is crucial. If they didn't document properly, know that JB and his team will raise a huge stink about it and can use that to knock down the state's case at trial.
Most convictions in this country aren't determined by hard evidence, but circumstantial evidence. Ultimately it is up to the jury to decide the defendant is guilty beyond a reasonable doubt. Are innocent people tried and convicted in this country? Yes, they are. That is why there are so many rights ascribed to defendants. That is why there is an appeals process and entities such as the Innocence Project are in existence.
Are the diary and the tantrum pages in the child rearing book important? Maybe, but I tend to doubt it. MOO.
That said...when LE investigates a case - they document everything they investigate, whether it ends up being useless or not. This is why they took photos of the diary and the child rearing book, because they looked at them while they were there. IF they didn't take them into evidence, those items either weren't on the warrant or they weren't convinced of their evidentiary value, so they simply snapped a photo and moved on.
The sunshine law in FL is in place for transparency reasons, not so LE/SA can do a horse and pony show for the media/public. I would be shocked if after this case the legislature doesn't take a good, hard look at this law IMO.
As far as the discovery issue goes, the trial isn't until October, IIRC, so the SA has a lot of time before they have to give things over to the defense. They don't have to release them right away and with the sunshine laws probably shouldn't. IMO I think they are holding close to the vest for this reason alone and the items they've released either aren't integral to the case or are things the defense would have an easy enough time collecting for themselves in their own investigation. The judge and the SA have no control over evidentiary items that may have been turned over/investigated by another entity, such as the FBI.
The defense had no right to look over LE's shoulder when the remains were found, which is why the judge didn't allow it. They have the right to review after the fact, which is why documentation of evidence is crucial. If they didn't document properly, know that JB and his team will raise a huge stink about it and can use that to knock down the state's case at trial.
Most convictions in this country aren't determined by hard evidence, but circumstantial evidence. Ultimately it is up to the jury to decide the defendant is guilty beyond a reasonable doubt. Are innocent people tried and convicted in this country? Yes, they are. That is why there are so many rights ascribed to defendants. That is why there is an appeals process and entities such as the Innocence Project are in existence.
Are the diary and the tantrum pages in the child rearing book important? Maybe, but I tend to doubt it. MOO.